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HomeMy WebLinkAbout94-29EXHIBIT A RESOLUTION NO. 94-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION MS 856-94 TO SUBDIVIDE A 1.44 + ACRE SITE INTO THREE PARCELS WHEREAS, Railroad Centre Associates has requested approval of a request to subdivide a 1.44+ acre site into three parcels; and WHEREAS, the subject site is located on the west side of Railroad Avenue, at Prospect Avenue, and is identified as Assessor's Parcel Number 199-350-029; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 27, 1994; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Danville approves the Minor Subdivision (MS 856-94) per the conditions contained herein and makes the following findings in support of the request: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to each of the proposed parcels. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife PAGE 1 OF RESOLUTION NO. 94-29 or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the parcel map. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a three lot minor subdivision identified as MS 856- 94. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Tentative Parcel Map consisting of one sheet, as prepared by David B. Hop Civil Engineer and dated received by the Planning Division on July 28, 1994. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time subdivision improvement plans are submitted, and shall be paid prior to Town Council approval of the Final Map. Notice should be taken specifically of Plan Checking and Inspection fees. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. PAGE 2 OF RESOLUTION NO. 94-29 o 10. 11. All dumpsters shall be covered and maintained in good operating condition, and shall be stored at all times within trash enclosures. Outdoor storage of oil and grease from restaurants shall be properly contained, sealed, covered and disposed of on a regular basis. Such materials shall be stored within a trash enclosure or within the restaurant at all times. All restaurants or operations with kitchens in the center shall not clean/wash mats or other kitchen equipment containing pollutants outdoors, unless drainage is channeled to the sanitary sewer system. A sidewalk transition shall be constructed at the westerly end of the existing sidewalk on West Prospect subject to the review and approval of the City Engineer prior to recordation of the Parcel Map. The applicant shall conform to all requirements of the East Bay Municipal Utility District. The design and installation of any new water service shall be subject to the review and approval of East Bay Municipal Utility District (EBMUD) and the City Engineer. If a new water main is installed to serve the subject parcels, the Town prefers the water main to be installed in a suitable location other than Railroad Avenue. Reciprocal parking agreements, cross access easements and a parking lot/landscape maintenance agreement shall be recorded for Parcels A, B and C. The agreements and easements shall be subject to the review and approval of the Planning Division and the City Attorney prior to recordation of the Parcel Map. Prior to recordation of the Parcel Map, a minimum five foot wide private easement shall be established over the existing side sewer located on Parcel C that provides service to Parcel B. An existing compact parking space located in the parking lot north of Pascal's Bakery is occupied by a bicycle rack and planters. All bicycle racks, planters and any other obstacles blocking access to parking spaces within the project shall be removed subject to review and approval of the Planning Division and prior to recordation of the Parcel Map. Bicycle racks shall be installed on each of the three parcels in a suitable location subject to review and approval of Planning staff. PAGE 3 OF RESOLUTION NO. 94-29 12. The wrought iron fence located on the west side of the subject site shall be repaired subject to review and approval of the Planning Division prior to recordation of the Parcel Map. 13. Pursuant to Government Code Section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 14. All three buildings, trash enclosures, parking areas and landscaping shall be kept free of litter and graffiti at all times. 15. The exterior of each of the three structures and their respective landscaping shall be maintained in a consistent manner. Future repainting of individual structures shall assure compatibility with paint colors of other structures in the center. Any future building modification, repainting, modifications to parking lots or modifications to landscaping shall require a Minor Development Plan. This language shall be included in the landscape and parking lot maintenance agreement to be recorded for Parcels A, B and C. APPROVED by the Danville Planning Commission at a Regular Meeting on September 27, 1994, by the following vote: AYES: NOES: Chairman/ c City Attorney Chief ng PAGE 4 OF RESOLUTION NO. 94-29